2004年国家司法考试大纲—刑法（Outline of the national judicial examination in 2004 - Criminal Law）

1、2004年国家司法考试大纲刑法（Outline of the national judicial examination in 2004 - Criminal Law）Penal codeBasic RequirementsMaster of criminal law system, and the structure of knowledge; the specific content of accurate grasp of the basic principles of criminal law and system; principle of general concept and c

2、orrect understanding of crime crime constitution; fully understand the characteristics of crime cause, exclude all sorts of crime patterns and establishment conditions; the basic content, clarify all kinds of penalty object and the problem should be pay attention to in the application; proficiency i

3、n a variety of specific crimes especially common crime and multiple crimes, the crime of serious and difficult crime, the distinction between elements and related crimes; familiar with the provisions of the criminal law and relevant judicial interpretation of the provisions of the criminal law, to u

4、nderstand the theoretical basis and practical basis and judicial interpretation of the provisions of the criminal law and to use; the theory of criminal law is correct, comprehensive and thorough analysis of difficult cases.The first chapter of the criminal lawSection 1 the concept, nature and syste

5、m of criminal lawThe concept and classification of criminal law, the nature and task of criminal law, the system and interpretation of criminal lawSecond, the basic principles of criminal lawThe principle of a legally prescribed punishment for a specified crime is equal, and the principle of crimina

6、l law should be appliedThird, the scope of application of the criminal lawThe spatial effect of criminal law (the concept of validity of criminal law principles applied to domestic space made of foreign prisoners admitted applicable principles of foreign criminal judgment) time effect of criminal la

7、w (criminal law criminal time effectiveness of retroactivity)The second chapter of the crimeSection 1 the concept of crimeSocial harmfulness, criminal illegality should be punished by penaltyThe second section is the classification of crimesThe theory of classification (NATURAL felony and misdemeano

8、r crime and statutory crime committed across the gap and non gap committment) statutory classification (the national crime and common crime identity in the crime of identity crime and non crime, the basic crime, aggravated crime and reduce crime)The third chapter constitutes the crimeSection 1 Outli

9、ne of crime constitutionThe concept of the constitution of crime (the legal nature of the crime, the subjective and objective of the crime, the unity of sex and crime, the unity of the social harmfulness and the importance of the crime), the classification of the crime and the constitutive elements

10、of the crimeThe second section is the object of crimeThe concept of object of crime, the classification of object of crime, the relation between object of crime and object of crimeThe third section, the objective elements of crimeOverview of crime harm behavior (omission) harm result (species harm r

11、esult characteristics of harm results against the results of the significance of the criminal law of causality () that the criminal law of the concept of criminal causation in law on the causal relationship between the causal relationship between the nonfeasance crime causal relationship between cri

12、minal law causality and criminal responsibility) behavior of the time place and method.The fourth section is the subject of crimeThe subject of crime summarizes the natural person, the subject of crime (the age of criminal responsibility, the capacity for criminal responsibility, the special status)

13、, the subject of unit crime (unit crime, the identification of the subject of unit crime)Fifth, subjective elements of crimeThe subjective element of the crime of intentional crime overview (intentional intentional intentional type concept identification) criminal negligence (concept of negligence,

14、the type of negligence) innocent purpose and motive of the crime event (motive criminal purpose crime) mistake in Criminal Law (the concept of legal mistake cognition mistake of fact error)The fourth chapter is about the reasons for excluding crimesSection 1 Summary of the causes of crime exclusionT

15、he concept of excluding a crime; the classification of the cause of the crimeSecond. Self-defenceThe concept of self-defense self-defense conditions (presence of unlawful infringement of unlawful infringement is real perpetrator with defense consciousness for my defense not obviously exceeds the lim

16、its of necessity and causes serious damage) excessive defense and the criminal responsibility of special justifiable defenseThe third section is emergency hedgingThe concept of emergency emergency conditions (the legitimate rights and interests of facing the reality of danger is going out of last re

17、sort against other legitimate rights and interests with risk aversion does not exceed the limits of necessity and causes undue damage) and excessive necessity of criminal responsibilityFourth other reasons for excluding crimesThe fifth chapter is intentional crimeSection 1 Outline of intentional cri

18、meThe concept of intentional crime, the relationship between intentional criminal form and intentional crime stage, the relationship between intentional crime and crime constitutionThe second section is the preparation of the crimeThe concept and characteristics of crime (crime subjective to objecti

19、ve implementation of the preparatory crime in fact failed to proceed with the implementation of crime committing crimes is not due to reasons other than the will of the people behavior) preparation for a crime and expression of criminal intent between the preparatory crime of criminal responsibility

20、The third section attempted crimeThe concept and characteristics of the crime (has already begun to crime unfinished crime unfinished crime is due to reasons other than the will of the criminal element) type of attempted crimes (desistance attempt and the uncompleted attempt to criminal attempt and

21、impossibility of unaccomplished crime criminal responsibility)The fourth section is the discontinuance of crimeThe concept of discontinuance of crime, the characteristics of discontinuance of crime (the suspension of time, the automatic of suspension, the objectivity of suspension, the validity of s

22、uspension), the criminal liability of discontinued criminalThe sixth chapter, joint crimeSection 1 Summary of joint crimeThe concept of joint crime, the relationship between joint crime and crimeThe second section is about the establishment of joint crimeMust be more than two people must have joint

23、intention, must have common behaviorThe third section is the form of joint crimeCommon crime, common crime and common crime of any necessary conspirators and non premeditated crime simple common crime and complicated joint crime generally common crime and common crimeThe fourth section is the classi

24、fication and criminal responsibility of prisonersThe principal of criminal responsibility (criminal responsibility principal principal concept and types of relationship between the principal and the accomplice of the ringleader) and the criminal responsibility of the coerced offender abettor and cri

25、minal liability and criminal liability (that the concept of instigation and establishment conditions of abettor abettor penalty)The seventh chapter is the number of crimesThe first section is the division of the number of crimesDistinguish the meaning of the number of sins and distinguish the standa

26、rd of the number of sinsSecond substantive sinsContinue to make imaginative joinder of offenses, consequential offense, aggravated offenseThird statutory sinsCombinative offenseA sin committed in fourth quartersContinuous offense, absorption offense, implicated offenderThe eighth chapter of the pena

27、ltySection 1 concept of punishmentPunishment and its characteristics (attributes of punishment, social and political content of punishment, legal characteristics of punishment, the purpose of punishment) and the relationship between punishment and other legal sanctionsSecond, the purpose of punishme

28、ntThe concept of the purpose of punishment, the content of the purpose of punishmentThe ninth chapter is the system of punishmentThe first section is about the system of punishmentThe concept of the penalty system, the characteristics of the penalty system (the integrity of the system, strict struct

29、ure, lenient and strict coordination, unity of objectives, reasonable content, humane methods)The second section.Criminal detention, fixed-term imprisonment, life imprisonment, death penalty (the concept of death penalty, the application of death penalty, death penalty, suspension of execution)Third

30、 additional punishmentsDeprivation of political rights (deprivation of political rights, deprivation of political rights, deprivation of political rights), confiscation of property, deportationThe tenth chapter is the discretion of punishmentSection 1 Summary of sentencingSentencing concepts, senten

31、cing principles (based on the facts of the crime, the criminal law as the criterion)The second section is sentencing circumstancesThe concept of classification of sentencing sentencing (sentencing classification of statutory sentencing discretionary sentencing) (general recidivism of special recidiv

32、ism recidivism recidivist punishment (general) surrender surrender the legal consequences of surrender and special surrender from Frank surrendered meritorious service)The third section sentencing systemThe heavier, lighter, reduce and exempt from punishment system (heavier and lighter punishment sy

33、stem to reduce punishment exemption from punishment system (different) combined punishment principle for the concept of punishment punishment) (probation applicable conditions of probation probation probation concept the test period and investigate the expiration of probation and probation revocatio

34、n)The eleventh chapter is the execution of penaltySection 1 Summary of penalty executionThe concept of penalty execution and the principle of penalty executionSecond commutation systemThe concept of commutation, the conditions of commutation (prerequisites, substantive conditions), the extent and ex

35、tent of commutation, the procedure of commutation and the calculation of the sentence after commutationThe third section is parole systemThe concept of parole, the applicable conditions of parole (prerequisites, conditions of execution, substantive conditions, negative conditions), the probation per

36、iod of parole and the revocation of paroleThe twelfth chapter is the elimination of penaltySection 1 Summary of the eradication of penaltyThe concept of penalty extinction and the cause of penalty eliminationSecond quarter prescriptionThe time limit of the limitation of prosecution, the calculation

37、of the time limit for prosecution, the calculation of the time limit for the prosecution of the general crime, the calculation of the duration of continuous or continuing criminal prosecution, the extension of the limitation of prosecution, the interruption of the limitation of prosecutionThird pard

38、onsThe concept of absolution and the characteristics of amnesty system in ChinaThe thirteenth chapter of the crimeSection 1 the system of the specific provisions of the criminal lawConcept and characteristics of specific system of criminal lawSecond sections of the provisions of the criminal law str

39、uctureThe crime counts (kind of accusation and specific crime list, a charge and choice crime, summary accusation) the legal punishment (the concept of the legal punishment, the type of the legal punishment, the distinction between the legal punishment and the announcement punishment)The third secti

40、on of the criminal law articles overlapThe concept of concurrence of articles of law, the applicable principle of overlap of articles of law (special law is better than common law, special clause is better than general clause, heavy law is better than light law)The fourteenth chapter is the crime of

41、 endangering national securitySection 1 crimes against the state and subversion of the political powerCrime of treason against the state, criminal activities endangering national securitySecond crimes of defection and defectionDefected to the enemy crime crime of defectionThird crimes committed by s

42、pies and enemiesCrime of espionage for the purpose of stealing, spying, buying or illegally providing state secrets or intelligence information abroadThe fifteenth chapter is the crime of endangering public securitySection 1 crimes of endangering public security by dangerous methodsArson flooding cr

43、ime crime explosion crime of throwing dangerous substance to the crime of endangering public safety fire fault flooding crime negligence crime explosion negligence negligent crime of throwing dangerous substance to the crime of endangering public securityThe second section is the crime of damaging p

44、ublic utilities and facilities and endangering public securityThe crime of sabotaging means of transportation crime of sabotaging transportation facilities of power equipment destruction crime crime of combustible or explosive equipment destruction of radio and television facilities, public telecomm

45、unications facilities crime of negligent damage to transport the crime of negligence damaged transportation facilities crime of negligently damaged power equipment crime negligence damaged inflammable or explosive equipment fault damage of radio and television, the crime of public telecommunications

46、 facilitiesThe third section, the implementation of terrorist, dangerous activities, crimes against public securityThe crime of organizing, leading or participating in the organization of terrorist activities, the crime of financing terrorist activities, the hijacking of aircraft, the hijacking of s

47、hips or automobiles, and the crime of violence endangering the safety of flightsThe fourth section violates the provisions of the regulations on the administration of guns, ammunition, explosives and dangerous substances, endangering public securityIllegal manufacture, sale, transportation, mailing,

48、 storage of firearms, ammunition and explosives crime of illegally manufacturing, trading, transportation and storage of hazardous substances in the crime of theft, snatch firearms, ammunition, explosives, dangerous material crime of robbery of firearms and ammunition, explosives, dangerous material

49、 crime of illegal possession, possession of firearms, the crime of illegally carrying firearms, ammunition, knives, dangerous goods endanger public security crimeThe fifth section causes serious accidents and crimes against public securityThe crime of serious accidents of educational facilities for

50、major safety accident crime of major flight accidents of railway operation safety accident crime of traffic accident crime of major liability accident crime of major labor safety accident crime of the crime of dangerous goods crime project fire accident liabilityThe sixteenth chapter is about the cr

51、ime of undermining socialist market economic orderSection 1 crimes of producing and selling fake and shoddy commoditiesThe crime of cosmetics production and sale of fake or substandard products production and sale of fake medicines in production and sales of drugs crime production and sales do not m

52、eet the health standards of food crime of producing and selling poisonous and harmful food crimes of production and sale of substandard medical equipment of the crimes of production and sale of products do not meet the safety standards of the crime of producing and selling fake pesticides, veterinar

53、y drugs seed, fertilizer, crime of production and sales do not meet the health standardsSecond crimes of smugglingSmuggling of weapons and ammunition, smuggling of counterfeit money, smuggling of cultural relics, smuggling of precious metals, smuggling of ordinary goods and articlesThe third section

54、 is the crime of impairing the management order of the company or enterpriseThe crime of false registered capital crime of faking and withdrawing capital companies, corporate officers taking bribes to the company staff bribery crime of illegal business operations crime of illegal profiteering for re

55、latives signed a contract to fulfill the crime of dereliction of duty deceived state-owned companies, enterprises, institutions and personnel dereliction of duty in companies, enterprises and institutions personnel crime of breach of privilege or discount stock, sell state-owned assets crimeThe four

56、th section, the crime of disrupting the order of financial managementThe crime of counterfeiting currency sale, purchase and transportation of counterfeit crime of possession and use of counterfeit money crimes of the crime of altering currency Gregory lending the crime of illegal deposits from the

57、public crime of counterfeiting or altering financial crimes ticket counterfeiting or altering state securities crime of insider trading, the crime of illegal loans to people who have connections with the crime of the crime of illegal loans account customer funds illegally lending, loans issued by th

58、e crime of illegal financial crime ticket, to accept illegal bill payment, ensure the crime of illegal foreign exchange evasion crime of money laundering crimeThe fifth section is financial fraudFinancing fraud, loan fraud, bills fraud, financial documents fraud, letter of credit fraud, credit card fraud, securities fraud, insurance fraudThe sixth section is the crime of tax collecti